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3.1.1 Protecting Employee Safety _ET-A_.PPT

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3.1.1 Protecting Employee Safety _ET-A_.PPT Powered By Docstoc
					    LEGAL PREPAREDNESS FOR
        PANDEMIC FLU

  Protecting Employee Safety & Health:
    Cal/OSHA Compliance During A
               Bioevent

Jeff Tanenbaum, Esq.   Allyce Kimerling, Esq.
Nixon Peabody LLP      Staff Counsel, Cal/OSHA
                                                 1
           Overview Of This Session
•   IIPP Obligations
•   EAP Obligations
•   Communicable Illness Guidelines/Regulations
•   Workplace Security Issues
•   Contingent Workforce Safety and Health
•   The Proposed Cal/OSHA Aerosol Transmittable
    Disease Standard
                                                  2
             IIPP OBLIGATIONS
                (8 CCR § 3203)
• An Employer’s basic written safety program
• De-facto “General Duty” Clause
• Often interpreted by DOSH to require coverage of all
  hazards in the work place – even though there is no
  specific standard governing the hazard (and
  sometimes when there is a standard on point)


                                                         3
                    IPP OBLIGATIONS
                      (8 CCR § 3203)
1.   ID person or persons with authority and responsibility for implanting the
     program
2.   System for ensuring employees comply with “safe and healthy” work
     practices
3.   System for communicating with employees in a readily understandable
     way on occupational safety and health
4.   Procedures for identifying and evaluating workplace hazards, including
     scheduled and periodic inspections
5.   Procedure for investigating occupational injury or “occupational illness”
6.   Methods and/or procedures for correcting unsafe or “unhealthy”
     conditions
                                                                                 4
7.   Training and instruction
 PANDEMIC FLU IPP OBLIGATIONS?
1. ID the person or persons with authority and
   responsibility. 8 CCR § 3203(a)(1)
  •   Who will have authority and responsibility for a pandemic
      flu/communicable program
  •   Can be more than one person
  •   Must ID each
  •   Must be given authority


                                                                  5
 PANDEMIC FLU IIPP OBLIGATIONS?
2. System for ensuring employees comply with safe and healthy work
   practices.
Substantial compliance includes:
    – Recognition of employees who follow safe and healthful work
       practices
    – Training/retraining
    – Disciplinary action
    – Any other means of ensuring compliance. 8 CCR § 3203(a)(2)
    Questions
    - What are healthful work practices in the context of pandemic flu?
    - What training/retraining might be provided and how often?
                                                                          6
       PANDEMIC FLU HEALTHFUL
           WORK PRACTICES
• Coughing protocols
• Respiratory health protocols
• Wiping down/decontaminating common work surfaces
• “Stay home” protocols
• Travel restrictions
• Following medical protocols
• Reporting of symptoms ?? (Warning! Beware the ADA
  and FEHA!)
• Others?                                             7
    PANDEMIC FLU IIPP OBLIGATIONS?
3.   Communicating with employees in a readily understandable form on
     occupational health matters.
     Substantial Compliance includes one or more of the following:
•    Meetings
•    Training Programs
•    Postings
•    Written communications
•    System of Anonymous notification
•    Labor/management-safety committees ?? (Warning: Beware the NLRA!)
•    Any other means that ensures communications
•    8 CCR § 3203(a)(3)
                                                                         8
        Pandemic Flu IIPP Obligations?
4. Procedures for identifying and evaluating workplace
   hazards including scheduled periodic inspections.
   Inspections must be made:
   a. When the program is first established
   b. When a new hazard is introduced to the workplace
   c. Whenever the employer is made aware of a new or
   previously unrecognized hazard
Question:
   What should be included in an “inspection” for the hazard of
   pandemic flu?                                                  9
   An “Inspection” Checklist for Pandemic
           Flu and “Inspections”

Has there been review of material from reputable resources
     – Cal/OSHA, Fed/OSHA, CDC, WHO, Local Health
       Departments, etc.
Is the employer’s Bioevent Response and Recovery Plan Up-to-
    Date?
Are appropriate supplies available in the workplace?
     – Hand washing facilities
     – Waterless Cleansers
     – Surface disinfectants                                   10
  An “Inspection” Checklist for Pandemic
      Flu and “Inspections” (Cont’d)
     – First-aid kit supplies
        w Decongestants
        w Cough suppressants
        w Throat Lozenges
     – Tissues
     – Are employees following coughing and respiratory health
       appropriate protocols?
Have all employees been trained?
Is the documentation of training complete?
                                                                 11
Medical Screening? (Warning! Beware the ADA/FEHA!)
Return to work protocols?
 PANDEMIC FLU IIPP OBLIGATIONS?
5. Procedures to investigate occupational illnesses.
   ( 8 CCR § 3203(a)(5))
What should be included?
• Determine if employee has a communicable illness
• Protocols to determine the route of exposure
• Integration with workers compensation process

                                                       12
 PANDEMIC FLU IIPP OBLIGATIONS?
6. Methods and/or procedures for correcting
   unhealthy conditions, practices or procedures in
   a timely manner (based on severity of the
   hazard):
  a. When observed or discovered and
  b. “When an imminent hazard exists which cannot be abated
     without endangering employees, . . . Remove all exposed
     personnel from the area except those necessary to correct
     the condition”. Those correcting must be provided with
     “necessary safeguards”. 8 CCR § 3203(a)(6).
                                                                 13
 PANDEMIC FLU IIPP OBLIGATIONS?
7.   Training and Instruction:
  a. When the program is first established
  b. To all new employees
  c. To all new employees given new job assignments for which they
  have not previously been provided TRAINING
  d. Whether a new substance is introduced into the workplace that
  represents a new hazard
  e. Whenever the employer is made aware of a new or previously
  unrecognized hazard
  f.    For supervisors.
Question: What training must be provided?
                                8 CCR § 3203(a)(7)                   14
     TRAINING “SUGGESTIONS” FROM THE CAL/OSHA
         BLOODBORNE PATHOGENS STANDARD
                    8 CCR § 5193
•   Training must include:
     – Explanation of the standard
     – Epidemiology and symptoms
     – Mode of Transmission
     – The terms of the employers exposure control plan
     – Identify risks
     – Methods of compliance
     – Decontamination methods
     – Personal protective equipment
     – Vaccination information and right to decline
     – Steps to take in the event of an emergency
     – Reporting of exposures
     8 CCR § 5193(g)(2)(G)                                15
 PANDEMIC FLU IIPP OBLIGATIONS?
8. Recordkeeping
  a. Documentation of scheduled and periodic inspections
  b. Documentation of safety and health training
  8 CCR § 3203(b)




                                                           16
                   EAP OBLIGATIONS
                     8 CCR § 3220
 Employers must have a written plan to ensure employee safety in an
    emergency including:
• Emergency evacuation procedures       5. The preferred means for
• Procedures to be followed by             reporting emergencies
  employees who remain for critical     6. Names of persons to contact for
  operations                               further information or
• Procedures to account for all            explanation of duties
  employees after emergency             7. Alert/notification system
  evaluation                            8. Training
• Rescue and medical duties for those
  employees who are to perform them.
                                                                             17
 The New “Guidelines” For An Employer’s
      Response to Pandemic Flu
• The California State Pandemic Flu Plan
   – www.dhs.ca.gov
• NFPA 1600 Standard on Disaster/Emergency
  Management and Business Continuity Programs 2004
   – www.nfpa.org
• The Federal Government Pandemic Flu Webpage
   – www.pandemic.gov
                                                     18
    Workplace Security Issues and Pandemic
                     Flu
•   Evacuation Issues
•   Limiting access to the workplace
•   Potential quarantine in place
•   Information security – employee medical and
    exposure records



                                                  19
   Information Security: Employee Medical and
                Exposure Records
                  8 CCR § 3204

• Purpose: To provide access to relevant information
  to employees and DOSH.
• But does not change other legal obligations to protect
  the confidentiality of medical information


                                                           20
       Information Security: Employee Medical
                and Exposure Records
                    8 CCR § 3204
• The basic rules: Employee or designated representative
  has access to the employee’s own exposure records, or if
  such records don’t exist, exposure records for similarly
  situated employees
• Employee and DOSH have access to the employee’s own
  medical records
• Employee representative has access to an employee’s
  own medical records if the employee has granted written
  permission
                                                             21
      Employee Information Security:
      Medical and Exposure Records
             8 CCR § 3204
• Analysis using employee medical or exposure
  records:
  – Personal identification can be removed prior to access
  – Except if DOSH seeks personal identification there are set
    procedure to first follow



                                                                 22
  Contingent Workforce Safety & Health
• Who is responsible for training temps and
  contractors?
• When will this training occur?
• Medical screening? (Warning! Beware the
  ADA/FEHA!)



                                              23
        The Proposed Cal/OSHA
  Aerosol Transmittable Disease Standard
• Status
• Overview
• Next Steps




                                           24
Thank You!

Jeff & Allyce
                25

				
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